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Carson v. Willitts (1930), 65 Ont. L.R. 456

Facts:

Contract entered into to bore 3 wells. D bore 1, then refused to continue

Issue(s):

What is the value, is any, the defendant has lost, and how do we determine what damages P is owed?

Ratio:

Even if the assessment of damages is difficult, the plaintiff is still entitled to damages.

Analysis:

The assessment is difficult because of the nature of the damages proved

Holding:

The difficulty of assessment is no ground for refusing substantial damages - P entitled to damages


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